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RangerGD

Motion for Summary Judgement in WA

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I just received a Motion for Summary Judgement for Audit and Adjustment Company in King County here in Washington State.  The MSJ is being filed under Rule 56.  It looks like it was filed 9/19 and I just received it a couple of days ago in the mail.  The date of the hearing is this Tuesday, 10/7.  I was not served, and there is no complaint.  The plaintiff was kind enough to send me a copy of rule 56.  They have also attached some copies of what appear to be past statements and a declaration of assignor in support of plaintiff's MSJ.  That was signed on 12/30/13 and looks like it was signed by someone at the OC.  There's also another assignment attached that looks more like a letter signed on 2/5/13, but I don't know who signed it as there signature is unreadable, and no other fields are printed.

 

I haven't handled this type of thing before.  I'm using to filing an answer, etc.  So I'm a little stumped, and frustrated by zero lack of time to respond.  I feel like I need to turn something in tomorrow to be timely.  Can I respond to the MSJ and object to it because of lack of time for discovery?  I'm not sure what other defenses or objections are appropriate.  Any feedback you have is appreciated.

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@RangerGD

 

Here's the Summary Judgment rule:

 

Rule 56

 

© Motion and Proceedings. The motion and any supporting affidavits, memoranda of law, or other documentation shall be filed and served not later than 28 calendar days before the hearing. The adverse party may file and serve opposing affidavits, memoranda of law or other documentation not later than 11 calendar days before the hearing.

 

If you're in small claims, see if the rule is different.  If the rule is the same, check the postmark.  When was the motion mailed?

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I don't have the envelope that is was mailed in, but I just received it a few days ago, so it could not have been mailed more than 14 calendar days before the hearing.

 

Here's the local court rules:

 

Filing and Scheduling of Motion.  The moving party shall serve and file all motion documents no later than six court days before the date the party wishes the motion to be considered.  A motion must be scheduled by a party for hearing on a judicial day.  For cases assigned to a judge, if the motion is set for oral argument on a non-judicial day, the moving party must reschedule it with the judge’s staff; for motions without oral argument, the assigned judge will consider the motion on the next judicial day. 

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@RangerGD

 

I don't know if you're in King's County, but here's that local summary judgment rule:

 

LCR 56. SUMMARY JUDGMENT

(2) Dates of Filing and Hearing. The deadlines for moving, opposing, and reply documents shall be as set forth in CR 56 and the Order Setting Case Schedule. In all other regards, parties shall file and deliver documents and the court shall set all hearings in conformance with LCR 7.

 

That seems to say that Rule 56 of the civil rules applies to the local summary judgment rule.   The moving party must file and serve their motion no later than 28 days before the hearing.  Opposing documents must be filed no later than 11 days before the hearing. 

 

If it were me, I'd start calling attorneys first thing in the morning to see if that's the case.  Some attorneys will answer a question or two over the phone.

 

Also, they can move for an order to shorten the time to hear the summary judgment motion.  If Rule 56 applies, I'd check the court file to see if the judge issued such an order.

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1) request for continuance. I saw a guide somewhere in http://www.washingtonlawhelp.org. From my experience, the opposing lawyer agreed rather easily and called his HQ to get an approval. You can cite the lack of time for preparation. If you fail to agree with him/her, you can appear before the judge but better put your request in writing;

 

2) CONSULT WITH A LAWYER... for I haven't heard of a pro se defeating an MSJ lately in WA; I would appreciate if someone pointed me to a case otherwise;

 

 

Updated: http://www.washingtonlawhelp.org/resource/family-law-how-to-get-a-continuance-of-your-h?ref=xAMuJ#a

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@sasha0378,  it seems to be very difficult for pro se's to win in WA small claims court.  Also, I don't know how true this is, but I read something a while back that's its difficult to hire a WA consumer lawyer to represent you in Small Claims unless you also have a FDCPA violation.

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@sasha0378,  it seems to be very difficult for pro se's to win in WA small claims court.  Also, I don't know how true this is, but I read something a while back that's its difficult to hire a WA consumer lawyer to represent you in Small Claims unless you also have a FDCPA violation.

@debtzapper, this is all true, but it does not mean that one should not consult with an attorney (without representation)

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  The plaintiff was kind enough to send me a copy of rule 56.

Their being kind has nothing to do with this. It is required that a copy of rule 56 be sent to pro se.

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